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Adobe Integrated Runtime (AIR) SDK End User License Agreement

ADOBE SYSTEMS INCORPORATED

WARRANTY DISCLAIMER AND LICENSE AGREEMENT
ADOBE INTEGRATED RUNTIME (AIR) SDK

NOTICE TO USER: THIS DOCUMENT INCLUDES A WARRANTY DISCLAIMER (PART I) AND AN SDK LICENSE AGREEMENT (PART II).

PART I. WARRANTY DISCLAIMER AND LIABILITY LIMITATION

The SDK Components (defined below) accompanied by this document are in pre-release form and not made commercially available by Adobe and may contain bugs and other defects, and may be unstable. Adobe provides the SDK Components to you "AS IS." ADOBE AND ITS SUPPLIERS DISCLAIM ANY EXPRESS, IMPLIED, OR STATUTORY WARRANTY OF ANY KIND WITH RESPECT TO THE SDK COMPONENTS INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY WITH REGARD TO PERFORMANCE, MERCHANTABILITY, SATISFACTORY QUALITY, NONINFRINGEMENT OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU BEAR THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SDK COMPONENTS. The foregoing exclusions and limitations will apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.

IN NO EVENT WILL ADOBE OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER ARISING FROM THE SDK COMPONENTS OR YOUR USE OF THE SDK COMPONENTS, INCLUDING WITHOUT LIMITATION ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN ADOBE REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. IN ANY EVENT, ADOBE'S AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS UNDER OR IN CONNECTION WITH THE SDK COMPONENTS WILL BE LIMITED TO FIFTY U.S. DOLLARS ($50.00). Nothing limits Adobe's liability to you in the event of death or personal injury resulting from Adobe's negligence or for the tort of deceit (fraud). Adobe is acting on behalf of its suppliers for the purpose of disclaiming, excluding and/or limiting obligations, warranties and liability, but in no other respects and for no other purpose.

PART II. SDK LICENSE AGREEMENT

ADOBE PRE-RELEASE SOFTWARE DEVELOPMENT KIT LICENSE AGREEMENT 
ADOBE INTEGRATED RUNTIME (AIR)

NOTICE TO USER: THIS LICENSE AGREEMENT GOVERNS INSTALLATION AND USE OF THE SDK COMPONENTS (as defined below). You AGREE THAT THIS AGREEMENT IS LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. BY downloading, installing, copying, modifying or distributing any sdk component, you ACCEPT ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. THIS AGREEMENT IS ENFORCEABLE AGAINST you and any legal entity that obtained the sdk components and on whose behalf they are used: for example, your employer. if you do not agree to the terms of this agreement, do not use the sdk components.

YOU MAY HAVE a separate WRITTEN agreement with adobe thAT SUPPLEMENTS OR SUPERSEDES ALL OR PORTIONS OF THIS AGREEMENT.

Use of some third party materials included in the SDK Components may be subject to other terms and conditions typically found in a separate license agreement or a "Read Me" file located near such materials or in the "Third Party Software Notices and/or Additional Terms and Conditions" found at http://www.adobe.com/go/thirdparty.

Important Notice: THIS IS beta Software, MEANT for EVALUATION PURPOSES ONLY AND NOT intended for PRODUCTION purposes.

1. Definitions.

"Adobe" means Adobe Systems Incorporated, a Delaware corporation, 345 Park Avenue, San Jose, California 95110.

"Build Tools" means build files, compilers, runtime libraries (but not the complete Runtime Software), and other tools accompanying this agreement, including, for example, the contents of the Bin, Lib, and Runtime directories, adl.exe, adl.bat,  and adt.jar.

"Developer Application" means your application software that interoperates with the Runtime Software.

"Documentation" means the written materials accompanying this agreement, including, for example, technical specifications, file format documentation and application programming interface (API) information.

"Effective Date" means the date that you download or otherwise access the SDK Components.

"Material Improvement" means perceptible, measurable and definable improvements that provide extended or additional significant and primary functionality that adds significant business value.

"Runtime Software" means the Adobe runtime software in object code format named "Adobe Integrated Runtime (AIR)" that is to be installed by end-users, and all updates to such software made available by Adobe.

"SDK Components" means the Build Tools, Documentation, Sample Code and SDK Source Files.

"SDK Source Files" means framework source code files that accompany this agreement.

"Sample Code" means sample software in source code or object code format designated in the Documentation or directories as "sample code," "samples," "sample application code," "quickstart code" or "snippets."

2. License. Subject to the terms and conditions of this agreement, Adobe grants you the non-exclusive, non-transferable right to use the SDK Components in accordance with the Documentation as follows:

2.1 Installation, Use and Copying. You may install and use the Build Tools solely for purposes of developing Developer Applications. You may make a limited and reasonable number of copies of the SDK Components for purposes of your internal development of Developer Applications.

2.2 Modification. You may modify the Sample Code and SDK Source Files provided to you in human readable (i.e., source code) format. You may incorporate the modified Sample Code and SDK Source Files into your Developer Applications. You may not modify the Build Tools, Documentation or the Runtime Software in any manner. You may not delete or in any manner alter the copyright notices, trademarks, logos or related notices, or other proprietary rights notices of Adobe (and its licensors, if any) appearing on or within any of the SDK Components other than Sample Code or SDK Source Files that are substantially modified by you in accordance with this agreement.

2.3 Distribution.

(a) Distribution Rights. Subject to the provisions of this agreement, including the requirements below, you may copy and distribute the Sample Code and SDK Source Files as follows:

(i) Distribution with Developer Application. You may distribute Sample Code and SDK Source Files in source code, object code, modified or unmodified form, in all cases incorporated into your Developer Application; and

(ii) Distribution of Sample Code Stand-alone.  You may distribute Sample Code (but not SDK Source Files) in source code or object code format on a stand-alone basis or as bundled with other software, as long as you first make modifications to such code that result in Material Improvements; and          

(iii) Distribution of SDK Source Files. You may distribute SDK Source Files (but not the Sample Code) in source code or object code format on a stand-alone basis or as bundled with other components useful to developers, as long as you first make modifications to such files that result in Material Improvements, and provided that you (A) include a copyright notice reflecting your copyright ownership in such modified files, and (B) do not use "mx," "mxml," "flex," "flash," or "adobe" in any new package or class names distributed with the SDK Source Files.

(b) Distribution Requirements. If you distribute the Sample Code or SDK Source Files under this agreement, you must include a copyright notice in such code, files, the relevant Developer Application or other larger work incorporating such code or files. You may not (i) make any statement that any Developer Application or other software is "certified" or otherwise guaranteed by Adobe or (ii) use Adobe’s name or trademarks to market any Developer Application or other software without written permission from Adobe. Adobe is not responsible to you or any other party for any software update or support or other liability that may arise from your distribution. This agreement does not grant you the right to distribute the Documentation, Build Tools or Runtime Software.

3. Indemnification. You agree to hold Adobe harmless from any and all liabilities, losses, actions, damages or claims (including product liability, warranty and intellectual property claims, and all reasonable expenses, costs and attorneys fees) arising out of or relating to your distribution of any SDK Component or Developer Application; provided that Adobe cooperates with you, at your expense, in resolving any such claim.  

4. Development Restrictions. You will not use the SDK Components to create, develop or use any program, software or service that (a) contains any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, (b) when used in the manner in which it is intended or marketed, violates any law, statute, ordinance, regulation or rights (including without limitation any laws, regulations or rights  respecting intellectual property, computer spyware, privacy, export control, unfair competition, antidiscrimination or advertising), or (c) interferes with the operability of Adobe or third-party programs or software.

5. Intellectual Property Rights. The SDK Components and any copies that you are authorized by Adobe to make are the intellectual property of and are owned by Adobe Systems Incorporated and its suppliers. The structure, organization and code of the SDK Components provided to you in compiled or object code form are the valuable trade secrets and confidential information of Adobe Systems Incorporated and its suppliers. The SDK Components are protected by copyright, including without limitation by United States Copyright Law, international treaty provisions and applicable laws in the country in which they are used. Except as expressly stated herein, this agreement does not grant you any intellectual property rights in the SDK Components and all rights not expressly granted are reserved by Adobe.

6. Reverse Engineering. You will not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of any SDK Component provided to you in compiled or object code format except to the extent you may be expressly permitted to decompile under applicable law, it is essential to do so in order to achieve interoperability with another software program, and you have first requested that Adobe provide the information necessary to achieve such interoperability and Adobe has not made such information available. Adobe has the right to impose reasonable conditions and to request a reasonable fee before providing such information. Any such information supplied by Adobe and any information obtained by you by such permitted decompilation may only be used by you for the purpose described herein and may not be disclosed to any third party or used to create any software that is substantially similar to the expression of the SDK Components. Requests for information should be directed to the Adobe Customer Support Department.

7. Pre-Release Software. You acknowledge that Adobe has not promised or guaranteed to you that the SDK Components will be announced or made available to anyone in the future, Adobe has no express or implied obligation to you to announce or introduce the SDK Components and that Adobe may not introduce a product similar to or compatible with the SDK Components. Accordingly, you acknowledge that any research or development that you perform regarding the SDK Components or any product associated with the SDK Components is done entirely at your own risk. During the term of this agreement, if requested by Adobe, you will provide feedback to Adobe regarding testing and use of the SDK Components, including error or bug reports. If you have been provided the SDK Components pursuant to a separate written agreement, such as the Adobe Systems Incorporated Serial Agreement for Unreleased Products, your use of the SDK Components is also governed by such agreement. Upon receipt of a later pre-release version of the SDK Components or release by Adobe of a commercially released final version of the SDK Components, whether as a stand-alone product or as part of a larger product, you agree to return or destroy all earlier pre-release versions of the SDK Components received from Adobe and to abide by the terms of the license agreement for any such later versions of the SDK Components.

8. No Warranty. You are aware that the SDK Components are in pre-release form and not made commercially available by Adobe and may include bugs and other errors and may be instable. Adobe provides the SDK Components to you "AS IS." ADOBE AND ITS SUPPLIERS MAKE NO EXPRESS, IMPLIED, OR STATUTORY WARRANTY OF ANY KIND WITH RESPECT TO THE SDK COMPONENTS INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY WITH REGARD TO PERFORMANCE, MERCHANTABILITY, SATISFACTORY QUALITY, NONINFRINGEMENT OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL ADOBE OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES EVEN IF ADOBE OR ANY COMPANY REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU BEAR THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SDK COMPONENTS. The foregoing exclusions and limitations will apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.

9. Limitation of Liability. IN NO EVENT WILL ADOBE OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER ARISING FROM THIS LICENSE AGREEMENT AND/OR YOUR USE OF THE SDK COMPONENTS, INCLUDING WITHOUT LIMITATION ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN ADOBE REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. IN ANY EVENT, ADOBE'S AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS UNDER OR IN CONNECTION WITH THIS LICENSE AGREEMENT WILL BE LIMITED TO FIFTY U.S. DOLLARS ($50.00).  Nothing contained in this agreement limits Adobe's or its suppliers’ liability to you in the event of death or personal injury resulting from negligence or for the tort of deceit (fraud). Adobe is acting on behalf of its suppliers for the purpose of disclaiming, excluding and/or limiting obligations, warranties and liability as provided in this agreement, but in no other respects and for no other purpose.

10. Term and Termination. This agreement will commence upon the Effective Date and continue until terminated as set forth in this Section.  Each party may terminate this agreement, and the rights granted herein, for any reason (or no reason) immediately upon notice to the other party. You agree to destroy all copies of the SDK Components immediately upon termination of this agreement for any reason. Sections 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 and 14 will survive any termination of this agreement. You will return to Adobe or destroy (with written confirmation of destruction) the SDK Components promptly at Adobe’s request, together with any copies thereof. Further, you will destroy all copies of the SDK Components no later than thirty (30) days after Adobe’s first commercial shipment of the commercially released version of such components.

11. Export Rules. You agree that the SDK Components will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations (collectively the "Export Laws"). In addition, if the SDK Components are identified as an export controlled item under the Export Laws, you represent and warrant that you are not a citizen of, or located within, an embargoed or otherwise restricted nation (including Iran, Syria, Sudan, Cuba and North Korea) and that you are not otherwise prohibited under the Export Laws from receiving the SDK Components.  All rights to use the SDK Components are granted on condition that such rights are forfeited if you fail to comply with the terms of this agreement.

12. Notice to U.S. Government End Users.

12.1 Commercial Items. The Software and Documentation are "Commercial Item(s)," as that term is defined at 48 C.F.R. Section 2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. Section 12.212 or 48 C.F.R. Section 227.7202, as applicable. Consistent with 48 C.F.R. Section 12.212 or 48 C.F.R. Sections 227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States. Adobe Systems Incorporated, 345 Park Avenue, San Jose, CA 95110-2704, USA.

12.2 U.S. Government Licensing of Adobe Technology. You agree that when licensing Adobe Software for acquisition by the U.S. Government, or any contractor therefore, you will license consistent with the policies set forth in 48 C.F.R. Section 12.212 (for civilian agencies) and 48 C.F.R. Sections 227-7202-1 and 227-7202-4 (for the Department of Defense). For U.S. Government End Users, Adobe agrees to comply with all applicable equal opportunity laws including, if appropriate, the provisions of Executive Order 11246, as amended, Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC 4212), and Section 503 of the Rehabilitation Act of 1973, as amended, and the regulations at 41 CFR Parts 60-1 through 60-60, 60-250, and 60-741. The affirmative action clause and regulations contained in the preceding sentence is incorporated by reference in this agreement.

13. Trademark. "Adobe® AIR™" is a trademark of Adobe that may not be used by others except under a written license from Adobe. Adobe hereby grants you a trademark license solely to use the "AIR" mark to refer to your Developer Application as an "AIR application," only as a statement  that the Developer Application interoperates with the Runtime Software.

14. Governing Law. This agreement, each transaction entered into hereunder, and all matters arising from or related to this agreement (including its validity and interpretation), will be governed and enforced by and construed in accordance with the substantive laws in force in the State of California. The state or federal courts located in Santa Clara County, California will each have non-exclusive jurisdiction over all disputes relating to this agreement. This agreement will not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

15. General Provisions. If any part of this agreement is found void and unenforceable, it will not affect the validity of the balance of this agreement, which will remain valid and enforceable according to its terms. Updates may be licensed to you by Adobe with additional or different terms. This is the entire agreement between Adobe and you relating to the SDK Components and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the SDK Components.

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